Saturday, July 13, 2013

George Zimmerman verdict

George Zimmerman verdict: Former neighborhood watch leader not guilty in death of Fla. teen Trayvon Martin. In America, being Black can be hazardous to your health. Just being Black often makes one a suspicious character in his own neighborhood to anyone raised on stereotypes about African Americans.
Following nearly three weeks of testimony, a jury of six women, one of whom was Black, in the George Zimmerman trial has found the former neighborhood watch volunteer not guilty of second-degree murder. He was also found not guilty of the lesser offense of manslaughter, which the jury also weighed. (CBS) SANFORD, Fla. July 13, 2013 10:06 PM

I felt the case was in trouble from the beginning. There is a law professor at my law school, The National Law Center at George Washington University, named Jonathan Turley. (Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University.) He has analysed the case for USA Today.
The acquittal of George Zimmerman in the death of Trayvon Martin was
not minutes old when an outcry was heard over racial injustice and
demands for yet another prosecution by the Obama administration.With
the verdict, the Zimmerman case entered the realm of legal mythology --
a tale told by different groups in radically different ways for
different purposes. Fax machines were activated with solicitations and
sound bites programmed for this moment.Criminal
cases often make for easy and dangerous vehicles for social expression.
They allow longstanding social and racial issues to be personified in
villains and victims. We simplify facts and characters -- discarding
those facts that do not fit our narrative. Zimmerman and Martin became
proxies in our unresolved national debate over race.Many
have condemned this jury and some even called for the six jurors to be
killed or demanded that they “kill themselves.” The fact is that this
jury had little choice given the case presented by the prosecutors. This
is why I predicted full acquittal before the case even went to the
jury.Before the
case is lost forever to the artistic license of social commentary, it is
worth considering what the jurors were given, or not given.The
problem began at the start. Many of us criticized State Attorney Angela
Corey for overcharging the case as second-degree murder. While Corey
publicly proclaimed that she was above public pressure, her prosecution
decisions suggested otherwise. Investigators interviewed a key witness
at the Martin home in the presence of the family -- a highly irregular
practice.The
decision to push the second-degree murder charge (while satisfying many
in the public) was legally and tactically unwise. The facts simply did
not support a claim beyond a reasonable doubt that Zimmerman acted with
intent and a “depraved mind, hatred, malice, evil intent or ill will.”
Had Corey charged manslaughter, the case might have turned out
differently.The
prosecutors then made that bad decision of charges worse by overplaying
their evidence to overcome the testimony of their own witnesses.
For example, the prosecution inexplicably decided to lead the case
with testimony of Martin’s friend Rachel Jeantel. Jeantel was a
disaster, admitting to lying previously under oath and giving conflicted
testimony. She also stated that just as Zimmerman was accused of
calling Martin a derogatory name, Martin called Zimmerman a “cracker.”The
prosecution’s zeal for conviction seemed to blind it to the actual
strengths and weakness of the case. It also led to allegations of
withholding key evidence from the defense to deny its use at trial,
though Judge Debra Nelson seemed to struggle to ignore the alleged
misconduct.Ultimately,
we had no better an idea of what happened that night at the end of this
trial than we had at the end of that fateful night. Jurors don’t make
social judgment or guesses on verdicts.While
many have criticized Zimmerman for following Martin, citizens are
allowed to follow people in their neighborhood. It was also lawful for
Zimmerman to be armed. The question comes down to who started the fight
and whether Zimmerman was acting in self-defense.Various
witnesses said Martin was on top of Zimmerman and said they believed
that he was the man calling for help. Zimmerman had injuries. Not
serious injuries but injuries from the struggle. Does that mean that he
was clearly the victim? No. It does create added doubt on the use of
lethal force.A
juror could not simply assume Zimmerman was the aggressor. After 38
prosecution witnesses, there was nothing more than a call for the jury
to assume the worst facts against Zimmerman without any objective piece
of evidence. That is the opposite of the standard of a presumption of
innocence in a criminal trial.Even
for manslaughter, the jury was told that Zimmerman was justified in the
use of force if he feared “great bodily harm.” That brought the jury
back to the question of how the fight unfolded.The
acquittal does not even mean that the jurors liked Zimmerman or his
actions. It does not even mean they believed Zimmerman. It means that
they could not convict a man based on a presumption of guilt.Of
course, little of this matters in the wake of a high-profile case. The
case and its characters long ago took on the qualities of legend. A
legend is defined as “a traditional story sometimes popularly regarded
as historical but unauthenticated.”People
will make what they will of the murder trial of Zimmerman. However,
this jury proved that the justice system remains a matter not of legend
but law.
Harvard Law professor Alan Dershowitz says the prosecutors in the George
Zimmerman murder trial should be charged with "prosecutorial
misconduct" for suggesting the defendant planned the fatal shooting of
Trayvon Martin.

"That is something no prosecutor should be allowed to get away with … to
make up a story from whole cloth," Dershowitz told "The Steve Malzberg
Show" on Newsmax TV.

"These prosecutors should be disbarred. They have acted absolutely irresponsibly in an utterly un-American fashion."

Dershowitz is calling for a federal investigation into civil rights violations
stemming from the George Zimmerman case — but he says the probe should
focus on prosecutorial misconduct rather than on allegations of racial
profiling and bias.

Speaking Sunday in an exclusive Newsmax interview, Dershowitz said the
jury’s finding that Zimmerman was not guilty of either second-degree
murder or manslaughter was “the right verdict.”

Special prosecutor Angela Corey said continues to defend her decision to charge Zimmerman with second-degree murder. "We charge what we believe we can prove,” she told the media. “That’s why
we charged second-degree murder. We truly believe that the mindset of
George Zimmerman and the words that he used and the reason he was out
doing what he was doing fit the bill for second-degree murder.”

Corey said the case “has never been about race,” but also said there was
“no doubt” young Trayvon Martin had been “profiled to be a criminal.”

Although Zimmerman was cleared of all charges, Corey told the media:
“This case was about boundaries and George Zimmerman exceeded those
boundaries.

Zimmerman, a 29-year-old neighborhood watch volunteer, is charged with
gunning down Martin, 17, as the two fought following a confrontation in
the gated Sanford, Fla., community where Zimmerman lives — an act the
defendant said was in self-defense.

In the prosecution's final argument on Friday, lawyer John Guy said
Zimmerman deliberately followed Martin and "shot him because he wanted
to."

Dershowitz called Guy's statement "such speculation. How does he get
into the mind of Zimmerman? He hasn't cross-examined him, he hasn't met
him.

"To ask the jury to believe that is to ask the jury to convict based on
complete and utter speculation and that's not the way the law operates."

A day earlier, prosecutor Bernie de la Rionda said Zimmerman — whom he
labeled a "wannabe cop" — "followed" and "tracked" Martin after
profiling him as a criminal.

Dershowitz said not only should Zimmerman have not been charged with
second-degree murder, but prosecutors should not have pushed to have
manslaughter and child abuse added to the list of possible jury
verdicts.

"[It's] utterly irresponsible. … The idea that the prosecution can try
the case on a murder theory and then, at the last minute, substitute
manslaughter, even though it seems to be permitted generally under
Florida law — it's a big mistake to allow it in a case like this,” he
said.

"And then the very idea of even suggesting child abuse in a case like this is so irresponsible."

"He did the right thing by being methodical and factual because this is a
case where the prosecution's case is all emotion and the defense case
is all factual," the famed civil-rights lawyer said.

"Emotionally, obviously everybody can identify with a young, unarmed
17-year-old who ends up dead, and emotionally, as President [Barack]
Obama said, he's all of our children."

Dershowitz — whose clients have included Claus von Bulow, Mike Tyson,
Patricia Hearst, and former televangelist Jim Bakker — said the case has
"reasonable doubt" written all over it.

"Nobody knows who started the initial physical encounter, who threw the
first blow — and if you don't know that you have to have a reasonable
doubt," he said.

"Nobody knows for sure who screamed, 'Help me, help me.' You have to
have a reasonable doubt about that. Nobody knows for sure who was on top
and who was on bottom, though the overwhelming forensic evidence
suggests that Zimmerman was on the bottom having his head banged by a
younger, stronger man. You have to have reasonable doubt there."

Dershowitz added that he expects there will probably be a wrongful death lawsuit
filed against Zimmerman for civil damages. He said civil-damage cases
require a lower standard of proof that a wrong has been committed, and
Zimmerman would not be able to avoid testifying.

Dershowitz was careful to add that the tragic killing of Trayvon Martin exposes a need to reform Florida laws.

He believes the Stand Your Ground law should be changed because it "elevates macho over the need to preserve life."

He also stated that racial profiling “has to be addressed.”

“I think these vigilante community groups have to be disarmed,” he said.
“I don’t think Zimmerman should have been allowed to have a gun.

“He should have been walking around with a walkie-talkie and calling the
police,” he said. “It’s the job of the police to investigate and
apprehend suspects based on their professional training.”

Now let us hear the conclusion of the matter. The bottom line is that Trayvon Martin was killed because he was Black. He was followed because he looked suspicious; he looked suspicious because he was Black; he was profiled because he was Black and looked suspicious; He was confronted because he was presumed to be harboring a criminal intent; He was shot by a man with a concealed weapon who wanted to prove to himself that he was not afraid of young Black men; he was killed because he was young, Black, and defenseless. In America being Black can be hazardous to your health.

The Following Is An Open Letter From A Retired African American Military Officer.

I
too felt bitter disappointment and anger with a system that more often
than not swings Justice in the opposite direction. Once again I have to
reconcile an action that makes no humane sense to my reasoning of
fairness to all. I never met Trayvon Martin but the circumstances of
his murder placed him deeply within my conscience and spirit as though
we actually met and shared memories as black americans. The Verdict did
not surprise me, which is a very sad statement to make. The jury minus
of any black person did as expected for a young black man. In a
perfect society it should not make a difference, but that’s not the case
and we know it deep in our hearts. They were asked to accomplish the
most challenging aspect of our lives. Remove their emotions from the
equation and use their logic wholly with the less than perfect
instructions from the court system. Every day of our lives we are
challenged to align our emotions with logic when we are faced with
choices. As long as I’ve lived I have yet to find the one person that
has mastered this. The hopeful thoughts of Justice being rendered to a
black child that was wronged and not delivered offends my dedication
and devotion to our country which I swore to protect and defend with my
life as we all have.

I’m left empty, bitter, frustrated and
just damn right angry. Once again I must ponder on taking the high
rode, suppress my animalistic desire to strike out and hurt someone.
None of those options will bring Trayvon back or soothe his parents
fractured souls nor mine. I too have had to sequester myself, from the
TV, radio or any form of newscasts that would remind me. Just allowing
myself to be in the Martins’ frame of mind gives me the shudders and an
excruciating pain. I know we are a strong people that have suffered
slights from the system since day one coming to these shores. The sore
does not heal because of moments like these that refreshes the wound.
Time does heal but unfortunately not for us when I know another Trayvon
is on their unsuspecting way towards another isolated incident that due
to the legalese of the law will cloak the devilish intentions of another
Zimmerman and embrace them as the victim although they are the
perpetrator.

Praying is not getting it done. I’ve prayed
unselfishly countless times to no avail. My knees ache from bending down
and frankly I’m tired of not seeing a true and meaningful difference
not just in this circumstance but many different life situations. Lord I
humbly beg you to instill true love, respect, consideration and
truthfulness into all of your children on this earth.

Marching,
protesting and just crying foul is nothing more than good theater to
those that do not have a real understanding of our plight. Be damned,
if we should use the race card in this insidious game of conquer,
destroy, demean, degrade, defile and outright betrayal. Race was the
cornerstone of this murder, like so many others. But we are not to
infuse it on our behalf although it is used against us on many fronts.
We are not in a colorless society but our societal power brokers want us
to believe this lie and will go out of their way to ensure the message
is steadfastly circulated with examples of its none existence but to
their benefit.

I’m so sorry Trayvon little bro that you had to
lose your life at the formative stage when you were about to go into
true manhood. The treasure chest of memories you created with your
parents, sibling and friends is now complete and must be closed to any
new memories. You won’t be forgotten at least by those that shared so
many similarities to you. I can only hope that you may rest in peace
knowing your family will always cherish those memories of you deeply in
their hearts and that they tried to get some semblance of Justice for
your wrongful death. Zimmerman, I doubt will never internalize his
actions to at least come forward and tell the real story. He is a
product of our society that values themselves over anything that is
really righteous unless its for their own good. He will get his in due
time without us wishing any ill will towards him. You can’t do
something bad and expect any good to come out of it.

For my
active duty members and those still in the employ of others, do
yourselves a favor by not debating the merits of the case with those
that can’t really relate to our plight. Keep your heads high, stay
sharp, professional in all aspects of your duties. Our ancestors have
been down this road before us and now we get our turn to feel the
anguish of Justice not served in the face of wrong.

Peace to us all!

F.M.

This from the President of the Southern Poverty Law Center on the verdict yesterday:

Dear Gail,

"They
always get away." These were the words George Zimmerman uttered as he
followed and later shot Trayvon Martin -- words that reflected his
belief that
Trayvon was one of "them," the kind of person about to get away with
something. How ironic these words sound now in light of the jury verdict
acquitting Zimmerman.

Trayvon is dead, and Zimmerman is free. Who was the one who got away?

Can
we respect the jury verdict and still conclude that Zimmerman got away
with killing Trayvon? I think so, even if we buy Zimmerman's story that
Trayvon attacked him at some point. After all, who was responsible for
initiating the tragic chain of events? Who was following whom? Who was
carrying a gun? Who ignored the police urging that he stay in his car?
Who thought that the other was one of "them," someone about to get a
away with something?

The
jury has spoken, and we can respect its conclusion that the state did
not prove its case beyond a reasonable doubt. But we cannot fail to
speak out about the tragedy that occurred in Sanford, Florida, on the
night of February 26, 2012.

Was
race at the heart of it? Ask yourself this question: If Zimmerman had
seen a white youth walking in the rain that evening, would he have seen
him as one of "them," someone about to get away with something?

We'll
never really know, of course. But we can seriously doubt it without
assuming that Zimmerman is a racist in the conventional sense of the
word.

Racial
bias reverberates in our society like the primordial Big Bang. Jesse
Jackson made the point in a dramatic way when he acknowledged that he
feels a sense of relief when the footsteps he hears behind him in the
dead of night turn out to belong to white feet. Social scientists who
study our hidden biases make the same point in a more sober way with
statistics that demonstrate that we are more likely to associate black
people with negative words and imagery than we are white people. It's an
association that devalues the humanity of black people, particularly
black youth like Trayvon Martin.

George
Zimmerman probably saw race the night of February 26, 2012, just like
so many of us probably would have. Had he not, Trayvon probably would be
alive today.

The
jury has spoken. Now, we must speak out against the racial bias that
still infects our society and distorts our perception of the world. And
we must do something about it.

Trayvon Martin was killed because he was Black. He was followed because he looked suspicious; he looked suspicious because he was Black; he was profiled because he was Black and looked suspicious; He was confronted because he was presumed to be harboring a criminal intent; He was shot by a man with a concealed weapon who wanted to prove to himself that he was not afraid of young Black men; he was killed because he was young, Black, and defenseless. In America being Black can be hazardous to your health.

Marlon Wayans tweeted "Black Parents hold your kids at home because apparently killing black children is okay" and "So dogs mean more than blacks do in this country. Mike Vick gets two years and Zimmerman gets off?"

Mayor Corey Booker tweeted "We can keep working 4 a society where walking in ur neighborhood isn't a death sentence." and "We must mourn the unnecessary & unjust death of a child, but to honor him we must rededicate ourselves to the very ideals that were violated."

About Me

I am a thoroughly civilized, humane, cosmopolitan, polished, restrained, enjoyable, entertaining Info-maniac. I am a staunch exponent of individual dignity, freedom, equal access to legal services, and equal protection of the law. Here I hope to demonstrate my emotional restraint, humbleness of sentiment, psychological subtlety, lucid style, and simple language, without evading political reality or eternal truth. Daily I am excited that I have the right to create the beginning of a new self and to challenge old habits and attitudes I no longer choose to accept. I choose to relax in the present with my direction firmly in mind. I have an enormous capacity for creative and clever ideas and thoughts. It is phenomenal what I can do. I am capable of so much learning and absorbing a lot of information. My potential is a source of pleasant surprise for me.
Each day, I increase in knowledge, skills, strength, faith, and abilities.With each adventure, the boundary hemming in my potential expands easily to accomodate my growth and achievements.